Divorce/separation/adultery

I am a Turkish-American woman and have been married to an American for over 10 years. I came to Turkey because we both wanted to live here. He planned to follow and find a job in here once I get a job. I couldn't find an employment for months and my husband wanted me to stay longer. Finally I told him this is not gonna work and I want to go back he told me it is best we lived separete lives. We have a child and he is also American and Turkish. He wants our son to live with me here. At least that is what he says now.

He has cheated on me before in our marriage and I also found some evidence that he may be cheating on me now or has intent to do so. I think it would be difficult to prove adultery in the US courts, but would it be considered as adultery in Turkish courts? And what about the child custody issues? Should I file for a divorce here in Turkey or in the state we lived together? If we divorced through a Turkish court, how could my husband be made to pay child support?

Sorry to hear about your dilemma. Something similar happened to me, I believe the sad truth is that your husband sent you back to Turkey to get rid of you, and this is actually abandonment if you could prove he never had any intention of joining you in Turkey. You don't say where you got married and if your marriage is registered in Turkey or not. If you now live in Turkey and have no intention of returning to the States, perhaps you should file in Turkey. Note that if you file in the States, the foreign judgement would still have to be recognized in Turkey and this could only be done through the courts, ie: the judgement won't be automatic. If you'll return to the States for good, then you should file there. At any rate, you should consult a lawyer to figure out the best way to proceed and ensure you protect your rights and that of your son's.

I wish you good luck & stay strong.

hi,
I wish to find out law with regards to adultery. I met a turkish man online as friend and he was living alone then. he did say the muslim word 'divorce' to his wife and she went to stay with her parents. They were planning to go through the court processing.

Both of us did became great friends and chat online everyday for the past 4 months. We did plan to meet up. But I did encourage him to take back his wife and try the marriage again. After some times, they agreed and she moved back to him. they also went back to the imam to redo their vow.

now the important question is, if I go to turkey to meet and visit him, does the wife have the right to call the police and jailed both of us? Coz she did have evidence of us chatting about sex in the message archive. in fact, she even threaten him with a knife recently and threaten me that if I go to turkey, she will call the police.

coz I did read about this in your forum...

At the moment, there is not such an offence in turkey. The articles laying down adultery in the old -but still in effect till April- penal law which were abolished by the Constitutional Court in 1988 was like this: "

Alıntı:
Art. 441 : "If a married man is found to have kept a single woman in his own house or somewhere common should be sentenced to 6 months up to three years imprisonment. The accomplice woman who has been knowingly associated in crime shall be punished in the same extent"

Is turkey police following this law or they are still as backward as Malaysia police where they can have 'muslim police' to catch people to put into jail? just because they find a couple who are not married but meet together?

I do not wish to get my friend into trouble unneccessary. Or loses my freedom due to a woman's accusations. can you kindly advice?

Or should I bring along a friend or relative to visit to avoid unnecessary misunderstanding? coz my turkish friend did plan to rent a house for me to stay coz cheaper than hotel for 2 weeks stay. but if I bring along another female friend, will the police still act according to old law? I am very worried... please advice.

cocoanna